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Case Number: 3:20-cv-02776-K
Judge: Ed Kinkeade
Court: United States District Court for the Northern District of Texas (Dallas County)
Defendant's Attorney: Dianna D. Bowen and Taylor M. Montgomery
Description: Dallas, Texas disability lawyer represented Plaintiff, by and through his next friend Elizabeth S.G., who sued Defendant on an Americans with Disabilities Act violation theory.
The claims made and defenses asserted by the parties are not available.
The ADA bars employment and educational discrimination against “qualified individuals with disabilities.” Title II of the ADA applies specifically to educational institutions, requiring them to make educational opportunities, extracurricular activities, and facilities open and accessible to all students.
Outcome: 07/23/2021 25 MEMORANDUM OPINION AND ORDER - Before the Court is Defendant Dallas Independent School District's Motion to Dismiss Plaintiffs' First Amended Complaint and Brief in Support (Doc. No. 11) (the "Motion to Dismiss"). The Court has carefully considered the Motion to Dismiss, responsive briefing, relevant portions of the record, and applicable law. Because the Court finds that Plaintiff W.S., by and through his next friend, Elizabeth S.G, has failed to first exhaust administrative remedies under the Individuals with Disabilities Education Act ("IDEA") for the allegations in the First Amended Complaint (Doc. No. 8) and therefore the Court lacks subject matter jurisdiction over this case, the Court GRANTS the Motion to Dismiss and DISMISSES Plaintiff W.S.' claims without prejudice. (Ordered by Judge Ed Kinkeade on 7/23/2021) (chmb) (Entered: 07/23/2021)
07/23/2021 26 JUDGMENT - The Court enters this Final Judgment pursuant to the Court's Memorandum Opinion and Order entered on July 23, 2021, granting Dallas Independent School Districts Motion to Dismiss Plaintiffs First Amended Complaint. It is therefore, ORDERED, ADJUDGED, and DECREED that Plaintiff Worth S., by and through his next friend, Elizabeth S.G. take nothing by this suit against Defendant Dallas Independent School District. The Court DISMISSES without prejudice the claims presented and orders the parties to bear their own respective costs. (Ordered by Judge Ed Kinkeade on 7/23/2021) (chmb) (Entered: 07/23/2021)